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This is the answer to the Roberts point.
Cuomo makes these rules on a whim, and every day it can possibly stand causes irreparable harm.
Cuomo makes these rules on a whim, and every day it can possibly stand causes irreparable harm.
Gorsuch: Essentially Cuomo is making women stay home from Shul, because 10 males are necessary for a quorum.
The Gorsuch concurrence is 
.
"Who knew public health would so perfectly align with secular convenience?"
."Who knew public health would so perfectly align with secular convenience?"
"Even if the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical."
Serious shade here.
"But it would require a serious rewriting of history to suggest, as THE CHIEF JUSTICE does, that the South Bay concurrence never really relied in significant measure on Jacobson."
"But it would require a serious rewriting of history to suggest, as THE CHIEF JUSTICE does, that the South Bay concurrence never really relied in significant measure on Jacobson."
Gorsuch isn't playing with Roberts anymore.
"In the end, I can only sur- mise that much of the answer lies in a particular judicial impulse to stay out of the way in times of crisis. 1/2
"In the end, I can only sur- mise that much of the answer lies in a particular judicial impulse to stay out of the way in times of crisis. 1/2
But if that impulse may be understandable or even admirable in other circumstances, we may not shelter in place when the Con- stitution is under attack. Things never go well when we do." 2/2
More GORSUCH
"But none of us are rabbis won- dering whether future services will be disrupted as the High Holy Days were, or priests preparing for Christmas. 1/2
"But none of us are rabbis won- dering whether future services will be disrupted as the High Holy Days were, or priests preparing for Christmas. 1/2
Nor may we discount the burden on the faithful who have lived for months under New York’s unconstitutional regime unable to attend religious services." 2/2
"It is time—past time—to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques."
Kavanaugh also seems to have run out of patience for CJR.
"But judicial deference in an emergency or a crisis does not mean wholesale judicial abdication, especially when important questions of religious discrimination, racial discrimination, free speech, or the like are raised."
"But judicial deference in an emergency or a crisis does not mean wholesale judicial abdication, especially when important questions of religious discrimination, racial discrimination, free speech, or the like are raised."
Kavanaugh illustrating the absurdity of Robertsism:
"THE CHIEF JUSTICE would not issue an injunction unless and until a house of worship applies for an injunction and is still in a red or orange zone on the day that the injunction is finally issued. 1/2
"THE CHIEF JUSTICE would not issue an injunction unless and until a house of worship applies for an injunction and is still in a red or orange zone on the day that the injunction is finally issued. 1/2
But the State has not withdrawn or amended the relevant Executive Order. And...the State does not deny that the applicants face an imminent injury today."
In which Roberts doesn't seem to get they were talking about him.
